Text: HF00514 Text: HF00516 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.2, subsection 22, Code 1999, is 1 2 amended to read as follows: 1 3 22. a. "Guardian ad litem" means a person appointed by 1 4 the court to represent the interests of a child in any 1 5 judicial proceeding to which the child is a party, and 1 6 includes a court appointed special advocate, except that a 1 7 court appointed special advocate shall not file motions or 1 8 petitions pursuant to section 232.54, subsections 1 and 4, 1 9 section 232.103, subsection 2, paragraph "c", and section 1 10 232.111. 1 11 b. Unless otherwise enlarged or circumscribed by a court 1 12 or juvenile court having jurisdiction over the child or by 1 13 operation of law, the duties of a guardian ad litem with 1 14 respect to a child shall include the following: 1 15a.(1) Conducting in-person interviews with the child, if 1 16 the child's age is appropriate for the interview, and 1 17 interviewing each parent, guardian, or other person having 1 18 custody of the child, if authorized by counsel. 1 19b.(2) Conducting interviews with the child, if the 1 20 child's age is appropriate for the interview, prior to any 1 21 court-ordered hearing. 1 22 (3) Visiting the home, residence, or both home and 1 23 residence of the child and any prospective home or residence 1 24 of the child, including each time placement is changed. 1 25c.(4) Interviewing any person providing medical, mental 1 26 health, social, educational, or other services to the child, 1 27 before any hearing referred to in subparagraph (2). 1 28d.(5) Obtaining first-hand knowledge, if possible, of the 1 29 facts, circumstances, and parties involved in the matter in 1 30 which the person is appointed guardian ad litem. 1 31e.(6) Attending any hearings in the matter in which the 1 32 person is appointed as the guardian ad litem. 1 33 (7) Attending, if necessary, any departmental staff 1 34 meeting or case conference regarding the child, and if 1 35 necessary, any meeting with medical or mental health 2 1 providers, service providers, organizations, or educational 2 2 institutions. 2 3 c. The order appointing the guardian ad litem shall 2 4 specify the duties of and grant authorization to the guardian 2 5 ad litem to interview any relevant person and inspect and copy 2 6 any records relevant to the proceedings, if not prohibited by 2 7 federal law. The order shall specify that the guardian ad 2 8 litem may interview any person providing medical, mental 2 9 health, social, educational, or other services to the child, 2 10 and may inspect and copy any records relevant to the 2 11 proceedings. 2 12 EXPLANATION 2 13 This bill makes changes in the duties applicable to a 2 14 guardian ad litem appointed to represent a child's interest in 2 15 juvenile court. 2 16 The bill includes within the duties of a guardian ad litem 2 17 interviewing the child's parents, if the interview is 2 18 authorized by the parents' counsel. Existing law does not 2 19 require the guardian ad litem to first obtain authorization 2 20 from the parents' counsel to conduct the interview. 2 21 Under the bill, the guardian ad litem is not required to 2 22 interview the child, if it is determined that the child is not 2 23 of an age appropriate for the interview. Current law requires 2 24 the guardian ad litem to interview the child without regard to 2 25 age. 2 26 If a child is placed outside the home, the bill includes 2 27 within the duties of the guardian ad litem visitation of each 2 28 new placement ordered by the court. 2 29 In addition, the bill includes within the duties of the 2 30 guardian ad litem attendance at any meeting held by the 2 31 department of human services, educational institutions, 2 32 service providers, or health care providers which are 2 33 important to the child's case. 2 34 Under the bill, the court is required to list the guardian 2 35 ad litem's duties in the order appointing the guardian ad 3 1 litem. The bill further provides that the order appointing 3 2 the guardian ad litem shall also direct that the guardian ad 3 3 litem is to have access to any relevant information in the 3 4 child's case. 3 5 LSB 1283HV 78 3 6 jm/cf/24.1
Text: HF00514 Text: HF00516 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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